Water Bill [HL]—
Amendments to be debated in the House of Lordscontinued

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Clause 82

 

THE LORD LIVSEY OF TALGARTH
THE BARONESS MILLER OF CHILTHORNE DOMER

184Page 96, line 2, at end insert—
"(ab)  after subsection (1) there is inserted—
"(   )  The Agency shall continue to monitor water quality and chemical and bacterial pollution, through water sampling, and is empowered to act to enforce compliance at the source and advise alternatives where chemical processes impact upon discharges.""
 

Clause 86

 

THE LORD LIVSEY OF TALGARTH
THE BARONESS MILLER OF CHILTHORNE DOMER

185Page 105, line 33, at end insert—
"(8)  The Agency shall ensure that private and public housing developers and building contractors be subject to planning consent conditions specific to the water and sewerage undertaker adopting a new sewage scheme.
(9)  The Agency shall prepare plans for all non-adopted sewage schemes to be adopted by water and sewerage undertakers by the end of the year 2015."
 

Clause 92

 

THE LORD WHITTY

185A*Page 116, line 31, after "and" insert "(so far as it relates to section 27A)"
 

Schedule 7

 

THE LORD WHITTY

185B*Page 173, leave out lines 29 to 44 and insert—
      "For Schedule 6 (which relates to the making of orders providing for exemption from restrictions on abstraction) there is substituted—
 

"SCHEDULE 6Sections 27A and 39B

 

ORDERS RELATING TO ABSTRACTION OF SMALL QUANTITIES AND
COMPULSORY REGISTRATION OF PROTECTED RIGHTS

 

Notice of draft order

 1   (1)   An application to the Secretary of State for an order under section 27A(1) or 39B(3) of this Act (an "order") shall be accompanied by a draft of the proposed order.
(2)      Before submitting a draft order to the Secretary of State, the Agency shall publish a notice—
(a)  stating the general effect of the draft order;
(b)  specifying the place where a copy of the draft order, and of any relevant map or plan, may be inspected by any person free of charge at all reasonable times during the period of twenty-eight days beginning with the date of first publication of the date; and
(c)  stating that any person may within that period, by notice to the Secretary of State, object to the making of the order.
(3)      A notice under this paragraph shall be published either—
(a)  at least once in each of two successive weeks, in one or more newspapers circulating in the area to which the draft order relates; or
(b)  in any other manner which, in any particular case, may be certified by the Secretary of State to be expedient in that case.
(4)      Not later than the date on which the notice is first published in pursuance of sub-paragraph (2) above, the Agency shall serve a copy of the notice on—
(a)  every local authority (in its capacity as the local planning authority), joint planning board or National Park authority whose area consists of, includes or is included in the area to which the draft order relates;
(b)  any relevant water undertaker;
(c)  any internal drainage board—
(i)  whose district consists of, includes or is included in the area to which the draft order relates;
(ii)  from whose district water is discharged into any relevant source of supply; or
(iii)  into whose district water is discharged from any relevant source of supply;
(d)  any navigation authority, harbour authority or conservancy authority having functions in relation to—
(i)  any relevant source of supply; or
(ii)  any related inland waters;
(e)  if a relevant source of supply or related inland waters are tidal waters in relation to which there is no such navigation authority, harbour authority or conservancy authority, the Secretary of State for Transport;
(f)  any person authorised by a licence under Part 1 of the Electricity Act 1989 to generate electricity who is (in that capacity) the holder of a licence to abstract water under Chapter 2 of Part 2 of this Act from—
(i)  any relevant source of supply; or
(ii)  any related inland waters;
(g)  English Nature, if the area to which the order relates is or includes England, or part of it;
(h)  the Countryside Council for Wales, if the area to which the order relates is or includes Wales, or part of it; and
(i)  the Broads Authority (established under the Norfolk and Suffolk Broads Act 1988), if the area to which the order relates is or includes the Broads (as defined in that Act), or part of it.
(5)      Where an application for an order is made, the Agency shall also publish a notice in the London Gazette—
(a)  stating that the draft order has been submitted to the Secretary of State;
(b)  naming the areas of each of the authorities or boards in respect of which a copy of the notice is required to be served under sub-paragraph (4)(a) above;
(c)  specifying a place where a copy of the draft order and of any relevant map or plan may be inspected; and
(d)  where the notice required by sub-paragraph (2) above is published in a newspaper, giving the name of the newspaper and the date of an issue containing the notice.
(6)      In this paragraph—
(a)  where a draft order makes provision generally (rather than for a specified geographical area), references to the area to which the order relates are to the whole area (whether England, Wales or both of them) in relation to which the order is applied;
(b)  references to a National Park authority are to a National Park authority established under Part 3 of the 1995 Act;
(c)  a "relevant source of supply", in relation to a draft order, means—
(i)  if the draft order relates only to particular sources of supply (or a class of them) in an area, any of those sources of supply (or any source of supply in that class) in that area;
(ii)  otherwise, any source of supply in the area to which the draft order relates;
(d)  a "relevant water undertaker", in relation to a draft order, means a water undertaker which is the holder of a licence to abstract water under Chapter 2 of Part 2 of this Act from—
(i)  a relevant source of supply; or
(ii)  a source of supply which is related to a relevant source of supply;
(e)  for the purposes of paragraph (d) above, a source of supply (the "related source") is related to a relevant source of supply if it appears to the Agency that, having regard to the extent to which the level or flow of water in the related source depends on the level or flow of the waters in the relevant source of supply, the ability of the water undertaker to abstract water from the related source in accordance with its licence may be substantially affected as a result of the draft order;
(f)  "related inland waters" are inland waters the level or flow of which may, in the Agency's opinion, be affected by changes in the level or flow of the waters in a relevant source of supply.
 

Duty to provide copy of draft order

 2      Where an application for an order is made, the Agency shall, at the request of any person, furnish him with a copy of the draft order on payment of such charge as the Agency thinks reasonable.
 

Making of order

 3   (1)   Where an application for an order is made, the Secretary of State may make the order either in the form of the draft or in that form as altered in such manner as he thinks fit.
(2)      Where the Secretary of State—
(a)  proposes to make any alteration of an order before making it; and
(b)  considers that any persons are likely to be adversely affected by it,
  the Agency shall give and publish such additional notices, in such manner, as the Secretary of State may require.
(3)      Sub-paragraph (4) below shall apply if before the end of—
(a)  the period of twenty-eight days referred to in sub-paragraph (2)(b) of paragraph 1 above;
(b)  the period of twenty-five days from the publication in the London Gazette of the notice under sub-paragraph (5) of that paragraph; or
(c)  any period specified in notices under sub-paragraph (2) above,
  notice of an objection is received by the Secretary of State from any person on whom a notice is required by this Schedule to be served, from any other person appearing to the Secretary of State to be affected by the order (either as prepared in draft or as proposed to be altered) or, in a case where Secretary of State directed the Agency to apply for the order, from the Agency.
(4)      Where this sub-paragraph applies and the objection in question is not withdrawn, the Secretary of State, before making the order, may take such steps as he sees fit and, in particular, may—
(a)  cause a local inquiry to be held; or
(b)  afford to the objector and to the Agency an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.
(5)      Where—
(a)  the order (whether as prepared in draft or as proposed to be altered) relates to any tidal water situated in Wales (or in area of the sea adjoining either the coast of Wales or an area of sea forming part of Wales); and
(b)  no navigation authority, harbour authority or conservancy authority has functions in relation to that tidal water,
      the Secretary of State shall not make the order except with the approval of the Secretary of State for Transport.
 

Notice and inspection of final order

 4   (1)   Where an order is made under section 27A(1) or 39B(3) of this Act, whether in the form of the draft proposed by the Agency or with alterations, the Secretary of State shall give notice to the Agency—
(a)  stating that the order has been made, either without alteration or with alterations specified in the notice; and
(b)  specifying the date (not being earlier than twenty-eight days after the date of the notice under this paragraph) on which the order shall have effect;
  and the Agency shall forthwith publish the notice.
(2)      The Agency shall keep a copy of every order made under section 27A(1) or 39B(3) of this Act available at its offices for inspection by the public, free of charge, at all reasonable times."."
 

Clause 94

 

THE LORD SUTHERLAND OF HOUNDWOOD

186Page 118, line 7, at end insert—
"(   )  Upon the coming into force of section 7 of this Act, section 24 of the WRA shall not apply to abstraction of water to prevent interference with any mining, quarrying or engineering operations (whether underground or surface) or to prevent interference or damage to works resulting from any such operations for a period of 12 months or if later final and lawful determination of an application for a licence."
 

Clause 95

 

THE LORD SUTHERLAND OF HOUNDWOOD

187Page 118, line 37, at end insert—
"(   )  at the coming into force of section 7 was carrying out the abstraction of water to prevent interference with any mining, quarrying or engineering operations (whether underground or surface) or to prevent damage to works resulting from any such operations or was contemplating carrying out such abstraction in pursuance of planning permission for the winning and working of minerals extant at that date,"
 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

188Page 119, line 14, at end insert—
"(   )  Within 12 months of Royal Assent, the Secretary of State shall lay before Parliament a report on the state of the water legislation, together with a timetable for a consolidation programme covering the water legislation and a draft consolidation bill covering this Act and previous related Acts."
 

Clause 96

 

THE LORD WHITTY

189Page 119, line 17, at end insert—
"(   )  A statutory instrument containing an order or regulations—
(a)  made by the Secretary of State under any provision of this Act except section 10 (but including section 97), and
(b)  which contains (or contain) provision amending or repealing any enactment,
  shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament."
190Page 119, line 18, at beginning insert "Otherwise,"
191Page 119, line 22, leave out subsection (3)
 

Clause 97

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

192Page 120, line 11, at end insert—
"(   )  Before bringing any Part of this Act into force, the Secretary of State shall make a statement declaring that its provisions are compatible with those of Directive 2000/60/EC of the European Parliament and of the Council of 23rd October 2000 establishing a framework for Community action in the field of water policy."
193Page 120, line 11, at end insert—
"(   )  No Part of this Act shall come into force until such a time as Directive 2000/60/EC of the European Parliament and of the Council has been implemented."

 
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27 March 2003